Homicide related offences and Admissible Hearsay statements Flashcards
Infanticide Act/ section and penalty?
Sec 178(1) CA61
3 years imprisonment
What must be proved in infanticide?
The killing of the child must amount to culpable homicide, and you must prove the mother’s mind was disturbed as a consequence of child birth.
As a consequence includes the period of lactation.
What are the ‘provision of necessaries’ under sec 151-153?
151 - Duty to provide the necessaries and protect from danger : Legal duty of anyone who has care of a vulnerable adult who cant look after themselves, to provide and protect from injury.
152 - Duty of parent or guardian to provide necessaries and protect from injury: Legal duty for parents/caregiver to provide necessaries and protect from injury any young person under 18 in their care.
153 - Duty of employer to provide necessaries: Legal duty for employer to provide necessary food, clothing, shelter for servant or apprentice under 16.
Failure to meet the legal duty in these cases can amount to homicide.
What are sections 154-157?
154 - Abandoning or exposing child under 6. - 7 years imprisonment
155 - Duty of person doing dangerous acts. - anyone who does anything which may be dangerous to life (doctors/surgeons) have a legal duty to use reasonable knowledge and skill in the act.
156 - Duty of persons in charge of dangerous things. - anyone who use dangerous equipment or structures have a legal duty to precautions against danger to life.
157 - Duty to avoid omissions dangerous to life. - anyone who has a legal duty to do an act which is necessary to protect life, is criminally responsible if they don’t do that act.
Explain the meaning the purpose of Sec 166
Where a person dangerously injuries a victim, the victim receives treatment, and dies due to the treatment.
The person who caused the initial injury is liable if the treatment was given in good faith.
The degree of liability is dependant on the mens rea of the injury.
What was held in R V Tarei?
Life support is not treatment. Removing life support does not cause death, but removes the possibility of extending life through artificial means. (sec 166)
What was held in R v Jordan?
The injury caused by the defendant must remain a substantial cause of the death.
- Death resulting from normal treatment for the injury, is considered to be death caused by the injury.
- It is a question of fact to establish a casual connection between death and the injury.
What is ‘Novus acus interviens’?
“A new intervening act”.
An intervening act that breaks the causal connection between the injury and death caused by treatment.
Explain sec 180 (2) and punishment
suicide pact: S180(2) CA61
(2) Where 2 or more persons enter into a suicide pact, and in pursuance of it one or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact contrary to this subsection.
imprisonment for a term not exceeding 5 years;
not liable under Sec 179 of this Act.
Definition of suicide pact, sec 180(3)
S180(3) CA61
The term suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.
Sec 181 - concealing dead child after birth
Who does the concealment need to be from?
It is sufficient the concealment be intended to be from one particular person.
When is a hearsay statement admissible?
Sec 18 (1) Hearsay is admissible if:
(a) - There is reasonable assurance the statement is reliable and either -
(b) (i) The maker of the statement is unavailable or,
(ii) There would be undue expense or delay if the person was required to be a witness
What circumstances should the court consider in determining if a hearsay statement is reliable
Sec 16 (1)
Sec 16 (1), EA 2006
(a) the nature of the statement; and
(b) the contents of the statement; and
(c) the circumstances that relate to the making of the statement; and
(d) any circumstances that relate to the veracity of the person; and
(e) any circumstances that relate to the accuracy of the observation of the person
